Completing a Petition for Adoption of a Stepchild

[sseveren]

My question involves adoption law for the State of: Texas
I am adopting my stepson (in Texas) and am set for our Prove Up hearing next week. I am married to the natural mother, and the natural father is deceased.

I have filed the following forms affidavits and reports with the district court: Child Consent, Alternate Dispute Resolution, Affidavit of Step Father, Affidavit of Status of Child by Mother, Affidavit of Compliance, Social Study, Criminal History, Petition for Adoption.

I have a couple of concerns:
In our Petition to Adopt a Minor Step Child, there is a section labelled: Inheritance Rights. It states: "It is in the best interest of the Child that the Court terminate the right of the natural father to inherit from or through the child, and such termination is requested". Is this statement needed in the petition since the natural father is deceased?

Next: the last section is titled: "Prayer" and requests the court: "terminate the parental rights of the natural father".
Again, does this need stating since the natural father is deceased, or is this a required formality that must be stated?

These statements are in the filed petition - is there any need to change the petition, or will it just be known that the father is deceased and there is some confusion about what was put in the petition?

Thanks for any assistance!
Scott

[Mr. Knowitall]

When you are using standard forms, and you have non-standard facts, you can (a) strike the incorrect language and add the correct language; (b) add additional information to reflect the actual facts, (c) do some combination of (a) and (b), or (d) draft your own forms, compliant with the governing statutes and court rules, that reflect the actual facts.

There is no need to terminate the rights of a father who is deceased.

[sseveren]

Thank you. As the petition has already been filed requesting the termination of rights, do i need to resubmit a corrected petition, or just not worry that I have requested to terminate the rights, even though they don't need to be terminated?

[Mr. Knowitall]

If you used the standard form I personally wouldn't worry about it. I would explain the circumstances in court. Which isn't to say that you can't amend the form if you choose to do so - it never hurts to err on the side of caution.